scholarly journals Rights and the post-Brexit agenda: rights protection and institutional inadequacy in the United Kingdom

2021 ◽  
Vol 13 (1) ◽  
Author(s):  
Russell Solomon
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Institutional Arrangements ◽  
Institutional Framework ◽  
Political Environment ◽  
Rights Protection ◽  
Institutional Approach ◽  
The United Kingdom ◽  
The Uk ◽  
The Eu

The issue of protection of rights in a post-Brexit UK has been largely absent from either the final rounds of EU/UK negotiations or the internal UK debate, other than in regard to Northern Ireland and citizen rights. The UK will leave the EU with little certainty as to how various rights, now ‘brought home’, will be protected and enforced. The protection of rights in the UK has been dependent on a multi-layered framework including EU institutions. The UK’s withdrawal from the EU will produce gaps in this overall institutional framework. Rights protection is likely to be further diluted through Brexit’s unsettling of the UK’s constitutional arrangements within its current rights-averse political environment. This article adopts an institutional approach to assess the implications of Brexit for the UK’s protection of rights. It argues that even with some regulatory alignment between the EU and the UK, inadequate institutional arrangements risk undermining current levels of protection.

scholarly journals Potencjalny wpływ brexitu na ustrój terytorialny i integralność Zjednoczonego Królestwa Wielkiej Brytanii i Irlandii Północnej

2020 ◽  
Vol 6(161) ◽  
pp. 117-143
Author(s):  
Viktoria Serzhanova ◽  
Adrianna Kimla
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
New Order ◽  
Legal Analysis ◽  
The European Union ◽  
Whole Process ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
The Eu

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is undoubtedly an unprecedented event in the history of the EU. This process encounters many difficulties and reveals an increasing number of problems that contemporary Europe is facing and affects European integration. Even more complications in this area arise as a result of the deadlock in the internal dimension, and in the UK’s relations with the EU. It goes without saying, that this process will result in the need to create a completely new order in the UK’s relations with the EU and will have a huge impact on the global order. The whole process is multidimensional, hence the consequences of leaving the EU by the United Kingdom may have many effects for the UK not only in political and economic sense, but also in the field of its constitutional law and political system, including the area of the state’s territorial arrangement. The purpose of this study is to provide a legal analysis of Brexit’s potential consequences for the territorial system and threats to the territorial integrity of the United Kingdom itself, in particular for the status of its constituent parts and further relations between England and Wales, Scotland, Northern Ireland and Ireland. The risk of the split and disintegration of the United Kingdom as a result of Brexit cannot be overlooked.

The Future of the United Kingdom after Brexit

2020 ◽  
pp. 235-253
Author(s):  
Sionaidh Douglas-Scott
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
The United Kingdom ◽  
Key Points ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
The Eu

This chapter evaluates how Brexit and the withdrawal negotiations impacted the UK system of devolved governance. The focus is on devolution because the voices of the three devolved nations — Scotland, Wales, and Northern Ireland — have been too much ignored in Brexit manoeuvres, especially given Scotland and Northern Ireland voted in the Referendum to remain in the EU. The chapter then details the key points of the EU Withdrawal Act 2018 (EUWA) and EU Withdrawal Agreement Act 2020 (WAA), and looks at how Brexit will impact devolution. It also discusses the status of the UK’s existing territorial constitution. Finally, the chapter describes a possible federal future for the UK, and considers scenarios of regional independence.

14. Federalism

2019 ◽  
pp. 391-420
Author(s):  
John McEldowney
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Federal State ◽  
Home Rule ◽  
The United Kingdom ◽  
Unitary State ◽  
Uk Supreme Court ◽  
Definition Of ◽  
The Uk ◽  
The Eu

Federalism, to date, has proved unattractive to the United Kingdom. The United Kingdom is commonly described as a unitary state, whereby governmental power is primarily exercised through a sovereign Parliament at Westminster. The UK may be distinguished from Federal countries, notably the United States or Germany. In federal systems, sovereign power is shared between the federal government and the states. However, the description of the United Kingdom as a unitary state is an oversimplification as there are many instances of devolved, shared and autonomous powers that do not easily fit under a centralized view of the state. These ‘quasi-federal’ elements of the constitution arise through the UK Parliament delegating to regional and local communities a variety of powers and responsibilities through elected local and municipal authorities as well as devolved ‘deals’. Since 1989, powers have been distributed to the four nations of the United Kingdom: England, Scotland, Wales and Northern Ireland through extensive, and increasing, devolved powers (devolution) including a variety of tax-raising powers. There is also a London Assembly with devolved powers. The future of the UK after Brexit is uncertain and there are deep divisions of opinion. England and Wales voted for Brexit while London, Northern Ireland and Scotland voted to remain within the EU. Different constitutional configurations were suggested for the four nations, during the nineteenth century, including federalism, Irish home rule and independence as well as strengthening local government. No exact definition of federalism emerged from the different variations supported at one time or another during this period. Consequently supporters of federalism have struggled to have a single configuration to make their case. Overall federalism was rejected as inconsistent with the orthodoxy of a unitary state formed from an incorporating union centred around a sovereign Parliament. Has the extent of substantial devolved and delegated powers reached a tipping point that places a form of divisible federalism as a way of addressing current concerns and controversies including Brexit? Any formal adoption of federalism would alter the role of the UK Supreme Court as well as future relations with the EU after Brexit. Federalism might provide a mechanism for a changing unitary state to address 21st-century challenges amidst a perceptible shift to a ‘quasi-federal’ state with devolved governments and many shared or delegated powers.

UK government is preparing for an early election

2019 ◽  
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
General Election ◽  
Content Type ◽  
The United Kingdom ◽  
Uk Government ◽  
The Government ◽  
The Uk ◽  
The Eu

Significance Johnson's cabinet overhaul is the largest in decades, replacing 17 cabinet ministers from the previous government mostly with individuals who support Johnson’s hard-line stance on Brexit. Impacts Brussels could offer London a ‘Northern Ireland only’ backstop, but this will be rejected by the UK government. The government will likely pass legislation to protect EU citizens’ rights in the United Kingdom if there is a no-deal Brexit. The EU will only grant another extension if a deal is almost agreed, or if there is a UK general election or second Brexit referendum.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

scholarly journals Wpływ wyjścia Zjednoczonego Królestwa z Unii Europejskiej na wspólną politykę bezpieczeństwa i obrony UE

2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Research Question ◽  
The European Union ◽  
The United Kingdom ◽  
Defence Policy ◽  
The Uk ◽  
The Eu ◽  
Common Security

The exit of the United Kingdom from the European Union (so-called Brexit) is one of the most important events in the process of European integration. It has a lot of extremely remarkable implications – both for the EU and for the United Kingdom. Among other, Brexit will affect the security of the United Kingdom and the EU. The aim of the study is to answer the research question: how will Britain’s exit from the EU influence the EU common security and defence policy? In order to answer this question, the factors that are most relevant to the United Kingdom’s significance for the EU’s security and defence policy will be identified. This will show how the EU’s potential of the security and defence policy will change, when the UK leaves this organisation. The most important conclusions are included in the summary.

EU signals flexibility over Northern Ireland protocol

2021 ◽  
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
European Commission ◽  
Legal Action ◽  
Content Type ◽  
High Profile ◽  
The United Kingdom ◽  
Notable Change ◽  
The Uk

Significance However, there has been a notable change in the EU’s tone. In July, the European Commission unexpectedly paused legal action against the United Kingdom for an alleged breach of the NIP, and when London announced on September 6 that it was suspending key elements indefinitely, the EU’s response was muted. Impacts France is so deeply aggrieved over AUKUS that any further UK breaches of the Withdrawal Agreement could prompt a bad-tempered response. The possibility of an early assembly election in Northern Ireland would complicate EU-UK attempts to resolve the NIP issue. The exclusion of high profile, pro-EU politicians in the UK cabinet reshuffle shows how important the Brexit agenda remains for London.

Northern Ireland

2015 ◽  
Author(s):  
Michael Graham
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Mental Capacity ◽  
The United Kingdom ◽  
The Law ◽  
The Uk

Northern Ireland is part of the United Kingdom with its own Regional Assembly, but is subject to direct rule from the UK Parliament in Westminster in relation to certain reserved matters. The law relating to mental capacity in Northern Ireland is in a period of change.

Introduction

2020 ◽  
pp. 1-34
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Parliament ◽  
The European Union ◽  
The United Kingdom ◽  
Uk Government ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This introductory chapter provides an overview of the Withdrawal Agreement of the United Kingdom (UK) from the European Union (EU). The Withdrawal Agreement, adopted on the basis of Article 50 Treaty on European Union (TEU), spells out the terms and conditions of the UK departure from the EU, including ground-breaking solutions to deal with the thorniest issues which emerged in the context of the withdrawal negotiations. Admittedly, the Withdrawal Agreement is only a part of the Brexit deal. The Agreement, in fact, is accompanied by a connected political declaration, which outlines the framework of future EU–UK relations. The chapter then offers a chronological summary of the process that led to the adoption of the Withdrawal Agreement, describing the crucial stages in the Brexit process — from the negotiations to the conclusion of a draft agreement and its rejection, to the extension and the participation of the UK to European Parliament (EP) elections, to the change of UK government and the ensuing constitutional crisis, to the new negotiations with the conclusion of a revised agreement, new extension, and new UK elections eventually leading to the departure of the UK from the EU.

scholarly journals ABORTION IN NORTHERN IRELAND AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS: REFLECTIONS FROM THE UK SUPREME COURT

2019 ◽  
Vol 68 (2) ◽  
pp. 477-494
Author(s):  
Bríd Ní Ghráinne ◽  
Aisling McMahon
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Northern Ireland ◽  
Supreme Court ◽  
International Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Uk Supreme Court ◽  
The Uk

AbstractOn 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland's near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC's treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland's ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.

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